Petitioner
Heirs of Timoteo Moreno
Respondent
Mactan-Cebu International Airport Authority
Citation
G.R. No. 156273
Court
Supreme Court
Division
Second Division
Ponente
Corona, J.
Decided
August 9, 2005

Summary

This case involves heirs of Timoteo Moreno and Maria Rotea seeking reconveyance of two lots expropriated in 1949 for Lahug Airport expansion. The National Airport Corporation assured landowners they could repurchase their properties if the airport use ceased. When Lahug Airport was abandoned and operations transferred to Mactan, the heirs demanded reconveyance but were refused by MCIAA. The Supreme Court granted reconveyance, finding that unlike previous cases with inadmissible hearsay evidence, this case had credible testimony from Asterio Uy, a CAA legal team member who personally gave the assurances. The Court applied constructive trust principles under Civil Code Article 1454, ruling that the government's promise created an obligation to reconvey when the public purpose ended. The decision required reconveyance upon payment of the original expropriation price plus legal interest, establishing important precedent for property rights when public purposes for expropriation cease to exist.

Statutes applied

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By the Intellegal Editorial Board · August 9, 2005

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